The FTC's failure to prove Meta held a monopoly set a powerful legal precedent, signaling that regulators face a high burden of proof. This has effectively given a green light to large-scale acquisitions, kicking off a "golden age of M&A" as companies feel emboldened to pursue mega-deals without fear of being blocked.

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Recent antitrust lawsuits against Meta and Google resulted in minimal consequences ("nothing burgers"), signaling a more permissive regulatory environment. Combined with anticipated economic stimulus, this creates ideal conditions for a wave of large-scale M&A ($25B-$250B) among major tech companies in the coming year.

As traditional economic-based antitrust enforcement weakens, a new gatekeeper for M&A has emerged: political cronyism. A deal's approval may now hinge less on market concentration analysis and more on a political leader’s personal sentiment towards the acquiring CEO, fundamentally changing the risk calculus for corporate strategists.

An antitrust case against a Netflix-Warner Bros. merger is weak if the market is defined as all consumer 'eyeballs,' not just paid streaming. Including massive platforms like YouTube, TikTok, and Instagram, where most people spend their time, creates a landscape of intense competition, undermining monopoly claims.

The fastest path to generating immense wealth is shifting from pure innovation to achieving regulatory capture via proximity to the president. This strategy is designed to influence policy, secure government contracts, or even acquire state-seized assets like TikTok at a steep discount, representing a new form of crony capitalism.

The most lucrative exit for a startup is often not an IPO, but an M&A deal within an oligopolistic industry. When 3-4 major players exist, they can be forced into an irrational bidding war driven by the fear of a competitor acquiring the asset, leading to outcomes that are even better than going public.

Netflix's bid for Warner Bros. may be a brilliant game theory play. Even if the deal is blocked by regulators, it forces its primary rival into a multi-year acquisition limbo. This distraction freezes the competitor's strategy, allowing Netflix to extend its market lead. It's a win-win for Netflix.

A proposed government service would allow companies to pay for a pre-vetted antitrust assessment before announcing a merger. This "TSA Pre-Check" for deals would involve independent reports and a public interest test, aiming to streamline the process, reduce political favoritism, and avoid lengthy, uncertain reviews.

Meta's victory over the FTC's antitrust challenge is not just a legal footnote; it signals the end of a highly restrictive regulatory era. This will likely trigger a massive wave of M&A, as large tech companies are now emboldened to acquire stagnant, late-stage private "unicorns" that have been stuck without an exit path.

For legacy companies in declining industries, a massive, 'bet the ranch' acquisition is not an offensive growth strategy but a defensive, existential one. The primary motivation is to gain scale and avoid becoming the smallest, most vulnerable player in a consolidating market, even if it requires stretching financially.

By launching a bid for Warner Bros., Netflix CEO Ted Sarandos has ingeniously stalled the market. This move forces all other potential suitors and targets into a holding pattern, as any significant M&A activity must now wait for the outcome of this lengthy regulatory battle, giving Netflix a strategic advantage.

The FTC's Antitrust Loss to Meta Unleashed a New Golden Age of M&A | RiffOn